[Ord. 2000-3, 6/22/2000, § 1.01; as amended by
Ord. 2003-03, 6/26/2003, § 1.1]
For the purposes of this Part, the following terms, phrases,
words, and their derivations shall have the following meanings:
A person owning, leasing, occupying, or having charge of
any premises within the Township.
Any natural person, firm, partnership, association, corporation,
company, or organization of any kind.
The Township of East Fallowfield, Chester County, Pennsylvania.
[Ord. 2000-3, 6/22/2000, §§ 2.01 and 2.02;
as amended by Ord. 2003-03, 6/26/2003, §§ 2.1 and 2.2;
by Ord. 2007-09, 12/24/2007, § 1; and by Ord. 2008-02, 4/27/2008,
§ 1]
1.
It shall be unlawful for any person to make continue or cause to
be made or continued any loud, unnecessary, or unusual noise or any
noise which either annoys, disturbs, injures, or endangers the comfort,
repose health, peace, or safety of others, within the limits of the
Township.
2.
The following acts, among others, are declared to be loud, disturbing,
and unnecessary noises in violation of this Part, but said enumeration
shall not be deemed to be exclusive, namely:
A.
Horns, Signaling Devices, Etc. Sounding any horn or signaling device
on any automobile, motorcycle, street car, or other vehicle on any
street or public place of the Township except as a danger warning;
creating, by means of any such signaling device, any unreasonably
loud or harsh sound; or the sounding of any such device for any unnecessary
or unreasonable period of time.
B.
The operation of radios, phonographs, or other mechanical instruments
or singing, shouting, or playing of musical instruments by any person
or owner in a manner and at a time which is generally considered to
be inappropriate and which unnecessarily disturbs the peace and quiet
of the immediate neighborhood. The operation of any such instrument,
machine, or device between the hours of 11:00 p.m. and 7:00 a.m. in
such a manner as to be plainly audible at a distance of 50 feet from
the building, structure, or vehicle in which it is located shall be
prima face evidence of a violation of this Part.
C.
The loading, unloading and delivery of local or other materials,
merchandise or commercial products at a time of the day or night which
unnecessarily disturbs the peace and quiet of the immediate neighborhood.
The prohibition shall not apply to the Township's municipal trash
and/or recyclables contractor in performance of its duties in accordance
with its contract.
D.
The discharging on or across the streets or highways of air guns,
rifles, firearms of any kind, or character whatsoever.
E.
Congregating or acting in and about the streets or other public of
the Township in a noisy, loud, boisterous, and unseemly manner or
in such a manner as to disturb the peace and quiet of the community.
F.
The discharge into the open air of the exhaust of any stationary
internal combustion engine, or motor vehicle except through a muffler
or other device which will effectively prevent loud or explosive noises
there from.
G.
Yelling, shouting, hooting, whistling, or singing on the streets
or in other public places, particularly between the hours of 11:00
p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb
the quiet comfort, or repose of persons in any dwelling or other type
of residence, or of any persons in the vicinity.
H.
The construction (including excavation), demolition, alteration or
repair of any building, street or highway between the hours of 10:00
p.m. and 7:00 a.m. during weekdays, before 7:00 a.m. or after 5:00
p.m. on Saturdays, and at any time on Sundays. The prohibition shall
not apply to any vehicle or personnel of the Township while engaged
upon necessary public business, or to any owner (excluding contractors)
on the owner's residential property between the hours of 10:00
a.m. and 7:00 p.m. on Sundays.
[Ord. 2000-3, 6/22/2000, § 2.03; as amended by
Ord. 2003-03, 6/26/2003, Art. III; and by Ord. 2010-01, 3/23/2010]
Any person, firm, or corporation who violates or permits a violation
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus all
court costs, including reasonable attorney's fees incurred by
the Township in the enforcement of this Part and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense. The appropriate officers or agents of the Township
are hereby authorized to seek any other available relief at law or
equity, including injunction, to enforce compliance with this Part.
